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2013 (8) TMI 386 - AT - Central ExciseShort paid duty - undervaluation of goods - Commissioner confirmed demand - Held that:- show cause notices were issued on the ground that the Appellant undervalued their goods in comparison with the assessable value of the goods cleared to others under the Appellant's own name, 'Yule Shakti', whereas the learned Commissioner confirmed the demand on the ground that the Appellant did not submit a copy of the Agreement. However, the learned Commissioner at Para 8(xvi) of his Order, has recorded that a copy of the Agreement dated 11.6.1982 entered into between the Appellant and M/s. Goodyear, was submitted. Surprisingly, he has not given any finding in regard to the copy of the Agreement produced by the Appellant - It is well-settled principle that the already approved Price Lists cannot be re-opened retrospectively. So far as invoking the extended period is concerned, the Department is required to show that the assessee had suppressed the material facts from the Department - Department could not show that the appellant had suppressed the material facts from the Department - demand-cum-show cause notices are hit by limitation of time and therefore, the impugned Order does not survive - Decided in favour of assessee.
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